TMI Blog2017 (12) TMI 95X X X X Extracts X X X X X X X X Extracts X X X X ..... en found to be factually incorrect, and therefore, it has no substance. In view of the foregoing discussion, we are of the considered opinion that the appointment of Shri Rakesh Asthana – Respondent No. 2 herein to the post of Special Director, CBI does not suffer from any illegality. The writ petition fails and is dismissed. - Writ Petition ( Civil ) No. 1088 of 2017 - - - Dated:- 28-11-2017 - R. K. Agrawal And Abhay Manohar Sapre, JJ. ORDER R. K. Agrawal, J. 1) By means of the present public interest litigation (PIL), the petitioner, Common Cause, a Registered Society, through its President Shri Kamal Kant Jaswal, questions the validity of the order dated 22.10.2017 issued by Secretariat of the Appointments Committee of the Cabinet, Department of Personnel and Training (DoPT) appointing Shri Rakesh Asthana Respondent No. 2 herein as the Special Director, Central Bureau of Investigation (CBI) on the ground that the appointment has been made illegally, arbitrarily, mala fide and in violation of the principles of impeccable and institutional integrity. 2) We have heard learned Shri Prashant Bhushan, learned counsel for the petitioner and Mr. K.K. Venugopal, le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rintendent of Police and above except Director, and also recommend the extension or curtailment of the tenure of such officers in the Delhi Special Police Establishment, on the recommendation of a Committee consisting of:- a) The Central Vigilance Commissioner Chairperson b) Vigilance Commissioners - Members c) Secretary to the Government of India in charge of the Ministry of Home - Member, and d) Secretary to the Government of India in charge of the Department of Personnel - Member Provided that the Committee shall consult the Director before submitting its recommendation to the Central Government. (2) On receipt of the recommendation under sub-Section (1), the Central Government shall pass such orders as it thinks fit to give effect to the said recommendation. 6) Thus, the appointment on the post of Superintendent of Police and above has to be made by the Selection Committee in consultation with the Director, CBI. Shri Prashant Bhushan, relying upon the news reports dated 22.10.2017 in the India Today and reported on 23.10.2017 in The Pioneer and the The Hindu as also the newspaper report dated 24.10.2017 published in The Pioneer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ector could not have been made at all. 11) Learned Attorney General for India placed before us the Minutes of the Selection Committee Meeting held on 21.10.2017 in the Office of the Central Vigilance Commissioner and submitted that the Selection Committee had considered the confidential letter dated 21.10.2017 submitted by the Director, CBI and had discussed the same in the meeting. The Selection Committee had given good reasons for not accepting the contents of the letter submitted by the Director, CBI and recommended Shri Rakesh Asthana for appointment as Special Director, CBI. He further submitted that the CBI itself had moved the proposal on 06.07.2017 for appointment of Shri Rakesh Asthana as a suitable candidate to hold the post of Special Director, CBI. According to him, Shri Rakesh Asthana was holding the post of Additional Director, CBI before being appointed as Special Director, CBI and had been supervising functions of 11 Zones, viz., STF Zone, MDMA Zone, Delhi Zone, Lucknow Zone, Patna Zone, EoZ-II Zone, Mumbai, EoZ-III Zone, Kolkata Zone, North East Zone, Chennai Zone Chandigarh Zone. In the above capacity, he is supervising the investigation/trial of a number of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned by the Director, CBI that the entries in the note refer, inter alia, to one Shri Rakesh Asthana. The Committee considered the note and the matter was also discussed with the Director, CBI. Keeping in view that there is no finding in these papers that the person mentioned therein is the same person under consideration for appointment and there is nothing about the veracity of the contents of the document and the further fact that the CBI itself moved the present proposal on 06.07.2017 wherein it has been categorically mentioned that Shri Rakesh Asthana IPS (GJ:1984) is suitable to hold the post of Special Director, CBI and no further verified material has been brought on record, the Committee decided to recommend him for appointment as Special Director, CBI. The Committee has also kept in view the fact that the Vigilance Commission does not take cognizance of complaints received just on the verge of appointments or promotions unless they are proved misconducts. The Committee has also noted the decisions of the Courts in respect of such documents. 16) From a perusal of the aforesaid Minutes, we find as under:- (i) The Director, CBI had furnished a secret/confidential ..... X X X X Extracts X X X X X X X X Extracts X X X X
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